Parking permit improperly displayed

By NANCY PARADIS

© St. Petersburg Times, published July 27, 2000

I am 71 years of age and because of my arthritis and other infirmities have been issued a disabled parking permit. Last month while parked at a local shopping center, I was issued a ticket for illegally parking in a disabled parking space.

Although many disabled people drive around with their permits dangling from their mirrors, I do not. Complying with the permit's warning, "Remove Before Driving Vehicle," and realizing that not to do so hampers one's vision, I dutifully remove it each time and replace it at the next disabled parking space. Obviously, these actions have loosened the permit's "mirror hook," and on that occasion, the permit fell to the floor.

I wrote to the Clerk of County Court explaining the circumstances. I enclosed a copy of the permit and my Florida registration. I believed the matter was closed, but it was not.

On June 28, I received a letter informing me that the violation had been reduced to improper parking with a fine of $20. An intimidating and italicized paragraph was added, advising that if I wished to plead not guilty I would be required to make a court appearance and could still be fined $258.

I called the clerk's office and explained the situation to two employees. I was informed that the city attorney had really done me a favor since "These types of violations usually carry a fine of $34" and that my only option was to plead not guilty and have a court date scheduled.

I fully understand the necessity of patrolling the parking areas to ensure that unauthorized people do not take disabled spaces. However, I do not understand why, after providing proof that I am authorized to use disabled parking, I am charged with improper parking. The only violation I had was possibly improper permit display, and I doubt there is such a violation written into the law.

I believe it is quite unjust and most abusive for the city attorney to charge me, or any others in similar circumstances, with an improper parking violation even after providing proof of legal and proper authorization. Clifford Harpe

Response: Pinellas County Clerk of the Court Karleen DeBlaker said that the clerk's office has no authority in matters of ticket validity or reduction/waiver of fines. Your parking ticket was referred to the city attorney's office in St. Petersburg for review, and the handicapped parking violation was reduced to improper parking by the assistant city attorney.

DeBlaker said her office notified you of this and advised you that you had the option of entering a plea of not guilty. However, it incorrectly told you that if you were found guilty of the handicapped parking violation, you would be fined $258. DeBlaker said that if you decide to plead not guilty and are found guilty of this violation, then it would be at the court's discretion to set any fine amount.

This was confirmed by Pam Cichon, assistant city attorney for St. Petersburg. Even though you have a handicapped parking permit, it was not properly displayed, as required by law, and you received the customary fine for improper parking. She said it is the driver's responsibility to make sure the tag is visible, not the parking control officer's to peer into the vehicle to see if it's on the floorboard. It costs both time and money when a placard is not properly displayed to write up and process the ticket, review it, as in your case, and so on. In addition, tickets serve to assure the public and put offenders on notice that the parking laws are being enforced. As an alternative to hang tags, Cichon said, special license plates are now available that eliminate the possibility of the tag falling off the mirror or being left at home.

On the subject of parking, Cichon asked us to remind readers that it is illegal to park in the striped areas next to disabled parking spaces, even if the striped area is large enough to accommodate a vehicle. These striped access aisles next to handicapped parking spaces allow motorized scooter or wheelchair users to get in and out of their vehicles.

The penalty for parking in such a space is $258, the same as that for illegally parking in a handicapped parking space, whether you have a disabled parking permit or not. It is, in fact, illegal to drive, stop or park on any diagonal lines at any time.

Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request.

Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.

We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.

© St. Petersburg Times. All rights reserved.